What is Section 328 IPC? Causing hurt by means of poison, etc., with intent to commit an offence
Published on: Lawiz Team
Learn about Section 328 IPC: Causing hurt by means of poison, etc., with intent to commit an offence
Official Legal Text
Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug or other thing with intent to cause hurt, or with intent to commit or to facilitate the commission of an offence, or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 328 punishes anyone who causes hurt using poison or harmful substances with intent to commit an offence.
Purpose
To prevent harm caused by poisoning with criminal intent.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 10 years, and fine.
Key Elements
1. Hurt must be caused. 2. Poison or harmful substance must be used. 3. There must be intent to commit an offence.
Punishment Details
Imprisonment for up to 10 years, and a fine.
Illustrative Example
If a person mixes poison in someone's food to make them unconscious for robbery, it is punishable under Section 328.
Legal Defenses
If the accused can prove the substance was given without criminal intent, they may be acquitted.
Related Sections
Related to Section 327 (Hurt to extort property).
FAQs
What does Causing hurt by means of poison, etc., with intent to commit an offence mean?
Causing hurt by means of poison, etc., with intent to commit an offence is defined under Indian Penal Code.
What is the punishment for causing hurt by means of poison, etc., with intent to commit an offence?
Punishment is according to IPC provisions for this offence.
Is offence under this section cognizable?
It depends, but often considered serious under IPC.
Is offence under this section bailable?
Bailability depends on severity and case facts.
How can a complaint be filed under this section?
Approach nearest police station and lodge an FIR.
What are possible defences if accused under this section?
Defence may include lack of intent, accident, or false implication.
Can you provide an example situation under this section?
Examples vary based on case facts.